Terms & Conditions for Wholesale Items

These Terms & Conditions (together with our Privac Policy and our website Terms & Conditions) give you information about us, your use of our website (our site), and the legal terms and conditions (Terms) on which we sell any of the goods (Goods) listed in the Wholesale section of our site to you.

These Terms will apply to any contract between us for the sale of Goods to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Goods from the Wholesale section of our site. Please note that before placing an order you will be asked to agree to these Terms.

If you refuse to accept these Terms, you will not be able to order any Goods from the Wholesale section of our site. You should print a copy of these Terms for future reference.

We may amend these Terms from time to time. Every time you wish to visit our site or order Goods, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. Information about us
   1. We operate the website www.musgrovewillowscoffins.co.uk (our site). We are Musgrove Willows Limited, a company registered in England and Wales under company number 07465879 with our registered office at 77A Cheap Street, Sherborne, Dorset, DT9 3BA. Our main trading address is Willow Fields, Lakewall, Westonzoyland, Bridgwater, Somerset TA7 0LP. Our VAT number is 116 8596 86.
   2. We only use your personal information in accordance our Privacy Policy
   3. To contact us, please see our Contact page
2. Our Goods
   1. The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. As most of our goods are made with natural materials such as willow, wood and calico, colour variation is highly likely at different times of the year
   2. Although we have made every effort to be as accurate as possible, because our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance
   3. The packaging of the Goods may vary from that shown on images on our site.
   4. All Goods shown on our site are subject to availability. Some of the items are made to order. We will inform you by e-mail or telephone as soon as possible if the Goods you have ordered are not able to be made in time and we will not process your order
3. Business customers
   
   1. You confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods
   2. These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in these Terms or any document expressly referred to in them
4. How the contract is formed between you and us
   1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order
   2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. Your order will then start to be made and cannot be cancelled
   3. Due to the nature of Goods detailed on this site, unless an item is faulty it cannot be returned
   4. If we are unable to supply you with the Goods, we will inform you of this by e-mail or telephone and we will not process your order
5. Your right of return and refund
    
   1. If you have returned the Goods to us under this clause because they are faulty or mis-described, we will refund the price of the defective Goods in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us
   2. We will refund you on the credit card or debit card used by you to pay
   3. If the Goods were delivered to you;
      (a) you must return the Goods to us as soon as reasonably practicable;
      (b) unless the Goods are faulty or not as described , you will be responsible for the cost of returning the Goods to us;
      (c) you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession
6. Delivery
   1. Your order will be fulfilled by the estimated delivery date set out in communications with you, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date
   2. We will select the most appropriate courier for your delivery. If the order contains a large number of items, please contact us to discuss prices and delivery terms
   3. A single item may take 3 – 5 days to be delivered. Mulitple items are usually delivered in 1 – 2 days
   4. Delivery will be completed when we deliver the Goods to the address you gave us
   5. The Goods will be your responsibility from the completion of delivery
   6. You own the Goods once we have delivered the Goods and received payment in full, including all applicable delivery charges
   7. Delivery of the Goods can only be made to someone over the age of 18 years old
   8. Unless otherwise advised by us, items are sent by a third party courier and will need to be signed for by someone over 18 years old. If you are not going to be in you can ask us to leave Special Instructions for the courier on despatch and/or you can leave signed instructions for the driver with alternative arrangements. Please note this is at your own risk and delivery will be deemed to have been completed. Alternatively you can contact the courier using the details provided in the Despatch Confirmation and quote your consignment number to provide further instruction. Failure to do either of these will incur additional re-delivery charges.
      Request for specific delivery date orders
      It may be possible to request delivery for a specific date. Musgrove Willows Ltd will endeavour to make this happen but it cannot be guaranteed. Musgrove Willows Ltd will not entertain any claim whatsoever for compensation arising from late delivery due to a third party carrier.
      Late deliveries. We or our carriers will always try to arrive on time, but will not be held responsible for late arrival due to unforeseen circumstances.
      Short deliveries & damage to packaging. When the delivering carrier brings your order you MUST count the pieces you receive and look for any damage to the packaging. The number of items you should receive is noted on the carrier’s delivery note. If the number of items you receive does not exactly match the number of pieces on the carrier’s delivery note, you MUST note the number of pieces you received on the delivery note by your signature. Damage to packaging MUST be noted on the delivery note next to your signature. You must cross out “Delivered in good condition” from the carrier’s delivery note. It is very important to check your order. A signature is an acceptance that you have received the whole order and that the packaging was in good condition.
7. Price of Goods and delivery charges
   1. Prices for our Goods may change from time to time, but changes will not affect any order which has been confirmed
   2. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect
   3. ATTEMPTED DELIVERY CHARGES Delivery companies such as DX allow the customer to make changes to their delivery up until 9.30pm the night before the scheduled delivery date. This is a free service. If the customer is not in to accept delivery of their items and they fail to provide specific instructions as to where to safely leave the Goods, then the items will not be delivered and an attempted delivery charge will be levied
8. How to pay
   1.  Secure on-line payment is available via Stripe. Payment can be made by credit or debit card. We do not accept cheques
   2. Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order
   3. We do not accept any liability for any charges levied by your bank/card issuer whatsoever irrespective of your chosen payment method
9. Our Warranty for the Goods
   1. All our Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 10.2.
   2. The warranty in clause 10.1 does not apply to any defect in the Goods arising from:
      (a) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
      (b) any alteration or repair by you or by a third party; or
      (c) any specification provided by you
10. Our liability if you are a business
    This clause only applies if you are a business customer.
    1. Nothing in these Terms limit or exclude our liability for:
       (a) death or personal injury caused by our negligence;
       (b) fraud or fraudulent misrepresentation;
       (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
       (d) defective Goods under the Consumer Protection Act 1987.
    2. Subject to clause 11.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
       (a) any loss of profits, sales, business, or revenue;
       (b) loss or corruption of data, information or software;
       (c) loss of business opportunity;
       (d) loss of anticipated savings;
       (e) loss of goodwill; or
       (f) any indirect or consequential loss
    3. Subject to clause 11.1 and clause 11.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 50% of the price of the Goods.
    4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
11. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
    2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
       (a) we will contact you as soon as reasonably possible to notify you; and
       (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12. Communications between us
    1. When we refer, in these Terms, to “in writing”, this will include e-mail.
    2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
    3. Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website or 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. Data protection
    1. Any personal information supplied to us in the course of performing this contract will be stored, used and maintained only in accordance with our Privacy Policy.
14. Other important terms
    1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.